1. ACCEPTANCE OF TERMS
The Blitz site (the "Site") is a copyrighted work belonging to Spirent Communications (hereinafter referred to as "Spirent"). Spirent grants you the right to use the Site subject to the terms and conditions of service ("Terms of Service") set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS SITE.
Spirent provides the Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by Spirent from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. LICENSE AND DESCRIPTION OF THE SERVICES
Spirent owns and operates the Site. The documents and other information and content available on the Site (the "Site Content") are protected by copyright laws throughout the world. All copyright and other proprietary notices must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Services is strictly prohibited. Spirent and its suppliers reserve all rights not granted in these Terms of Service.
Spirent provides users with access to a rich collection of resources, including without limitation various testing and validation tools, forums, through its platform which may be accessed through any various medium or device now known or hereafter developed (the "Blitz Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Blitz Service shall be subject to the TOS. You understand and agree that the Blitz Service is provided "AS-IS" and that Spirent assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or personalization settings. You are responsible for obtaining access to the Blitz Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Blitz Service.
You understand that the technical processing and transmission of the Blitz Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spirent has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spirent has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. SPIRENT PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Privacy Policy.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
If you choose to register through the Spirent registration process, you will receive a password and account designation upon completing the registration process. In some cases, you may be able to register through their party services using OpenID, etc. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. Spirent will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
6. PAYMENT AND PRICING TERMS
Payment and pricing terms for the Service are set forth on Blitz's pricing page.
7. CANCELLATION AND TERMINATION
You are solely responsible for properly canceling your account. You can cancel your account by using the Admin console.
Spirent, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Spirent service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your Account or your access to your Account. Spirent reserves the right to refuse service to anyone for any reason at any time.
8. MODIFICATION TO THE SERVICE
Spirent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from Spirent. Such notice may be provided at any time by posting the changes to the Spirent Site or the Service itself. If you do not agree to such pricing change, you may cancel your account during such 30-day period. By continuing to use the Service after the effective date of such pricing change, you hereby agree to such pricing change.
Spirent shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
9. INDEMNITY
You agree to indemnify and hold Spirent and its subsidiaries, affiliates, officers, agents, employees, partners and licensors, including, but not limited to its distributors, resellers and sales agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available, your use, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
You further shall indemnify and hold harmless Spirent from and against any and all third party claims and all resulting Liabilities arising out of: (i) any damage to any of the Spirent's equipment, products, services, and/or software caused by you; or (ii) any statements or representations made by you, or its employees or agents, with respect to the Spirent's equipment, products, services, and/or software if such statements or representations are not based upon Spirent's published documentation and marketing materials provided by Spirent to you for use in connection with the equipment and/or software or were not other authorized by Spirent.
10. SPIRENT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Services, and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Spirent or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, or the Software, in whole or in part.
Spirent grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Spirent for use in accessing the Services.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPIRENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, INCLUDING BUT NOT LIMITED TO ITS DISTRIBUTORS, RESELLERS AND SALES AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPIRENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, INCLUDING BUT NOT LIMITED TO ITS DISTRIBUTORS, RESELLERS AND SALES AGENTS. MAKE NO WARRANTY THAT (i) THE SERVICES OR CONTENT OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR CONTENT OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPIRENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, INCLUDING BUT NOT LIMITED TO ITS DISTRIBUTORS, RESELLERS AND SALES AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPIRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
13. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
14. TRADEMARK INFORMATION
You agree that all of Spirent's trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Spirent. Without Spirent's prior permission, you agree not to display or use in any manner the Marks.
15. VIOLATIONS
Please report any violations of the TOS to our Support group.
16. MISUSE
By accessing and using the Blitz Service, you are responsible for insuring that you are authorized to access any third party sites in your use of the Blitz Service and agree that you are solely responsible for any claims brought by a third party claiming unauthorized use of their site and/or content in your use of the Blitz Service.